Justice Amy Coney Barrett recently appeared on “Advisory Opinions,” The Dispatch’s legal podcast, for an engaging dialogue with hosts Sarah Isgur and David French. Conducted in the iconic Lawyer’s Room at the Supreme Court, the roughly 45-minute episode traversed topics such as originalism, the growing scrutiny over the emergency docket, and the inherently passive nature of the judiciary.
Reflecting on her forthcoming book, Listening to the Law: Reflections on the Court and Constitution, Barrett emphasized her unwavering dedication to originalism. Contrary to the simplistic view of it being merely a “tool of judicial restraint,” she delineates originalism as a comprehensive framework necessitating the analysis of both text and context. To elucidate, Barrett drew on a hypothetical scenario from her book regarding “green vehicles,” where the term “green” is not merely color-specific but relates to emissions, thereby highlighting the indispensable role of contextual interpretation.
During the session, listeners were also privy to Barrett’s insights on practical judicial matters such as the correct pronunciation of “certiorari” and common missteps advocates should avoid during oral arguments, particularly the pitfalls of deviating from their briefs. In a personal touch, Barrett expounded on her position as the second-least-senior justice and likened clerking to parenting. She recounted the influence of Justice Antonin Scalia on her approach, especially in her interactions with clerks, offering a unique glimpse into the collegial dynamics at the Court.
The full podcast episode that captures these discussions in greater depth is available for the legal community to explore here.